All -11,500-{1} or more so-called “lithographs”{2}, attributed to Nelson Mandela, are "something that is not what it purports to be"{3} which is one legal definition of -fake-.

Nelson Mandela, his attorney Ismail Ayob, the publisher Ross Calder and all participating galleries such as Belgravia Gallery have, with or without intent, misrepresented -reproductions-, of so-called Nelson Mandela drawn “chalk-and-pastel drawings”{4} and “paint-covered hand transfer on a piece of paper”{5}, as “lithographs” ie., original works of visual art for sale at “$3,190 to $19,533”{6} or more each. (See addendum for price list)

Lithographs "must be wholly executed by hand by the artist {and} excludes any mechanical and photomechanical processes."{7}

Reproductions are copies of original “works of visual art” done by someone other than the original artist.

In other words, lithographs versus reproductions could never be considered interchangeable, much less the same. These factual perspectives are confirmed by U.S. Customs regulations, U.S. Copyright Law, statutory law and independent documented definitions.

Therefore the misrepresentation and sale of reproductions as -Nelson Mandela- lithographs is "a knowing concealment of the truth or misrepresentation of a material fact to induce someone to his or her detriment" which is one legal definition of -fraud-.

Price unframed: £ 10500“The Guard Tower - DrawingSigned, limited edition lithograph -This piece is a part of a set of 3 (NM112,NM113 and NM114). The price includes drawing, photograph and motivation”www.belgraviagallery.com/DetailNM112.htm

1. WHAT IS A LITHOGRAPH?A lithograph begins with the artist drawing on a stone, plate or mylar. The artist drawn image, on a stone, plate or mylar, is the tool not the artwork. Just like a painter using a palette and brush to create a painting. Then image drawn by the artist on the stone, plate or mylar is technically prepared by the artist for printing and then printed by the artist. The result are lithographs ie., original works of visual art.

This is confirmed by the U.S. Customs’ May 2006 An Informed Compliance Publication titled Works of Art, Collector’s Pieces Antiques, and Other Cultural Property. In part, it states: “The expression ‘original engravings, prints and lithographs’ means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by the hand of the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process.”{8}

The above titled “The Guard Tower -Drawing,” attributed to Nelson Mandela, is actually a non-disclosed reproduction of one of his drawings and misrepresented as a “Nelson Mandela lithograph.” This misrepresentation is backhandedly admitted by the title given: “The Guard Tower - Drawing” and confirmed by the following deceptive description given: “The price includes drawing, photograph and motivation.”

Why call it a lithograph then state the “price includes {a} drawing?”

In other words, no matter what price the consumer would pay for the above non-disclosed reproduction, they would not be receiving a Nelson Mandela “drawing” or “lithograph” but "something that is not what it purports to be" which is one legal definition of -fake-.

2. DID NELSON MANDELA REALLY DRAW ANYTHING?On the Belgravia Gallery’s www.belgraviagallery.com/Index2.html website, Nelson Mandela is quoted stating: "When I initially did the sketches in black chalk, the images looked quite bleak. Then I thought that it should be a celebration and introduced the bright and cheery colours which I understand has become a new art form and I hope that it will give you as much pleasure as I have had in creating these images. I thank you."

Yet, in the South Africa’s Sunday Times newspaper’s published October 27, 2002 “R13m summons for Mandela’s lawyer” article by Bonny Schoonakker, the reporter wrote that Martin Feinsten, a director of Concept a charity to benefit Nelson Mandela’s “Children’s Fund,” said that “the {sale of prints of the Touch of Mandela} project had been devised by Ayob {Nelson Mandela’s lawyer} and the managing director of Concept, Ross Calder. The pictures, though traced and signed by Mandela, were originally drawn by an artist employed by Concept.”{9}

That artist was named, in the South Africa’s Sunday Times newspaper’s published January 26, 2003 “How Mandela is becoming an old master” article by Gill Moodle. In part, the reporter wrote that “the elder statesmen did about 35 hours of one-on-one lessons with young Cape Town artist Varenka Paschke at his home - Paschke’s job is to help Mandela explore his memories and reflect them in art. Besides doodling during his long imprisonment, the Nobel laureate had not tried his hand at art before. In fact, he told his art publisher Ross Calder the prefers to write than to draw.”{10}

SO WHOSE IDEA, NELSON MANDELA’S OR ROSS CALDER'S?This is answered in the Associated Press published February 7, 2003 “At 84, Mandela embarks on a new career - art” article by Ravi Nessman posted on SignOnSanDiego.com website. In part, the reporter wrote: “The inspiration for the new career came when art publisher Ross Calder saw Yoko Ono was using John Lennon’s sketches to raise money for charity. He took the idea to Mandela, suggesting he could do the same.”{11}

Ross Calder’s inspiration, “Yoko Ono,” since 1986 some five years after John Lennon’s death in 1980, has misrepresented over 41,000 posthumous black-and-white reproductions, colorized and altered composition -fakes- as the "Artwork of John Lennon" ie., “lithographs,” “serigraphs,” “etchings,” “woodcuts” for $500 to $9,000 or more each{12}.

3. WHAT IS A REPRODUCTION?This is answered on page 350 in Ralph Mayer’s HarperCollins Dictionary of Art Terms & Techniques, the term -reproduction- is defined as: “A general term for any copy, likeness, or counterpart of an original work of art or of a photograph, done in the same medium as the original or in another, and done by someone other than the creator of the original.”{13}

Since, Nelson Mandela’s only acknowledged original creative medium was “drawing” and “sketches in black chalk {and} color,” any resulting so-called editions from them would be, at best, -reproductions-.

U.S. COPYRIGHT LAWThis is confirmed under U.S. Copyright Law §101 Definitions, “a ‘derivative work’ is a work based upon one or more preexisting works, such as - {an} art reproduction.” Therefore, under §106A those “rights of certain authors to attribution and integrity- shall not apply to any reproduction.”

In other words, the printer of those non-disclosed Nelson Mandela reproductions would own those “derivative” rights, not Nelson Mandela.

This rarely understood perspective is confirmed under U.S. Copyright Law §103. Subject matter of copyright: Compilations and derivative works. In part, it states: “the copyright in a compilation or derivative work extends only to the material contributed by the author of such work.”

WHAT LAWS REQUIRE DISCLOSURE OF REPRODUCTIONS?North Carolina Chapter § 25C-16 requires disclosure of reproductions as “reproductions” if sold for $100 or more. In part, under Chapter § 25C-14 it states: “(a)An art dealer who sells or offers to sell a print not exempt under G.S. 25C-16, shall disclose the following information in a writing to the prospective purchaser: (b) If the print or its plate or negative is a mechanical, photomechanical or photographic copy or reproduction of a master image previously created or produced in another medium, this information shall be disclosed as part of the disclosure required by subsection (a) of this section{14}.”

POTENTIAL PENALTIES FOR FAILING TO GIVE FULL DISCLOSURECalifornia, South Carolina, Georgia, Michigan, Maryland, New York and many other states have similar disclosure statutes requiring disclosure of reproductions as “reproductions.” The statutory penalties in many of these states for failing to disclose a reproduction as a “reproduction” may include but not limited to: refund, interest, attorney fees, court costs, expert witness fees, treble damages and potential $1,000 fines per occurrence.

Price unframed: £ 10500“The Guard Tower - MotivationSigned, limited edition lithograph -This piece is a part of a set of 3 (NM112,NM113 and NM114). The price includes drawing, photograph and motivation”www.belgraviagallery.com/DetailNM114.htm

4. TWO “MANDELA” SIGNATURES IS A RED FLAGAnother way, to confirm these are non-disclosed -reproductions-, is to look at the (above) so-called Nelson Mandela "lithograph” titled “The Guard Tower - Motivation” that appears to have two “Mandela” signatures applied below the image, bottom right and bottom center.

On page 1387 in the Seventh Edition of Black’s Law Dictionary, the term “-signature- is defined as: “A person’s name or mark written by that person or at the person’s direction.”{15}

Why would Nelson Mandela’s signature appear twice?

The answer, in part, is: Nelson Mandela’s name appears twice because one of two “Mandela” signatures was reproduced when the above signed letter, titled “The Guard Tower - Motivation” was photo-mechanically reproduced.

The photo-mechanical reproduction of this letter and signature would confirm under U.S. Customs regulations, as noted earlier, that this so-called “The Guard Tower - Motivation - lithograph” could not be a “lithograph” as promoted since it must “exclude all mechanical and photomechanical processes.”

As for the second “Mandela” signature, it could have been applied by Nelson Mandela.

5. LITHOGRAPHS ARE NOT HAND-TRANSFERS OF PAINTOnce again, lithographs are originals works of visual art and not reproductions of paint transferred by the hand of the artist to paper.

Yet, in the London Times published May 15, 2003 “Mandela: the man with Africa in the palm of his hand” article by Jack Malvern, Arts Reporter and Sam Lister, the authors wrote: “Mr. Mandela was working in his studio when he rested his hand on one of his paintings, covering it in acrylic paint. When he wiped his hand on a clean piece of paper, the image of Africa that appeared inspired his publisher to turn the hand print into a series of lithographs.”{16}

Notice the two “Mandela” names in the image of the “Impressions of Africa.” Once again, a dead giveaway that it is a reproduction with a reproduced signature with a potentially second signature signed by Mandela.

6. THE STRUGGLE SERIESThe so-called "Struggle Series" described by the Australian Touch Galleries on their http://www.touchgalleries.com.au/artists/nelsonmandela/ struggleseries/03.html website as containing: "six lithographs, five sketches and a sixth page containing a written motivation by Nelson Mandela" have two separate editions of 950 on white and cream paper, 25 artist proofs and 7 printer proofs.

REPRODUCED BY MARK ATTWOODThis perspective that the "Struggle Series" are, at best, -reproductions- is confirmed in a Business Day published March 5, 2004 "Madiba's controversial Robben Island prints worth a packet" article by Trevor Bisseker. In part, the reporter wrote: "Prints of the Struggle series were made by Mark Attwood of The Artists Press, based in White River. 'I was commissioned by Ismail Ayob, Mandela's lawyer, and made 750 prints by letterpress of the charcoal sketches, which showed six different images of the hands," says Attwood.'"

Lithographs, as original works of visual art created by an artist, would never be trivialized as a copy or anything, much less charcoal sketches.

CHARCOAL DRAWINGS LASER SCANNEDThe fact, that they are reproductions, is further confirmed in a November 19, 2003 email, to this scholar, from V Gallery owner Andries Loots. In part, he wrote: "The Struggle Series were done by the Artist Press and the man is Mark Attwood. - It is all very technical to me but he explained as follows: Original charcoal drawing from Mr. Mandela is laser drum scanned and the output scan is put on an images setter to produce a negative. The negative is contact exposed and photo polymer and transfered onto a letter press plate. This results in a raised up block from which a relief print or letterpress print is printed."

If you scan an original work of visual art, such as a charcoal drawing, the subsequent images reproduced would be reproductions.

Remember, lithographs would never be trivialized as copies of art since they are original works of visual art that "must be wholly executed by hand by the artist" and "excludes any mechanical and photomechanical processes." (U.S. Customs)

So, did Nelson Mandela actually create the charcoal drawings that were reproduced resulting in reproductions and subsequently misrepresented as lithographs?

STRUGGLE SERIES BY TISH ROUX & HUGH MCCALLUMNot according to the South Africa "The Truth" published July 14, 2006 "fraud" article by Sue Williamson. In part, the reporter wrote: "The first {Struggle} series, the hand series, was drawn by graphic designer Tish Roux based on concept sketches by Hugh McCallum in 2000. In July 2001, Nelson Mandela traced over the pictures and hand-wrote a statement to accompany them: 'I draw hands because they are powerful instruments, hands can hurt or heal, punish or uplift."

Tracing someone elses' work does not qualify as drawings by Nelson Mandela.

With or without intent, Nelson Mandela participated in this fraud.

SIGNING & NUMBERING AN EDITION OF 10,992As noted earlier, the total number in these six so-called "Struggle Series" editions is 10,992.

So, how long would it take Nelson Mandela to -sign and number- these nearly 11,000 reproductions?

If Nelson Mandela could sign and number one a minute, for two hours a day totaling 120 each day, 5 days a week, it would take over 18 weeks to complete such an herculean task.

So, did Nelson Mandela accomplish such a feat?

HANDWRITING EXPERT PAUL WESTWOODNot according to an Australian forensic handwriting expert Paul Westwood in a report submitted to the Johannesburg Supreme Court. In a News 24 published June 18, 2005 "Mandela signature 'imitation'" article by Yvonne Beyers-Beeld, the reporter wrote: "According to the expert's report - Mandela's signature on some of the prints in his Struggle series, as well as on prints of the other works of art, "were traced from common sample signatures."

Additionally, News24 reporter wrote: "the forensic handwriting expert - said in his report that the similarities in the signatures on Mandela's works of art 'are visible immediately' and that it is 'highly unlikely that it occurred by accident' as the signature of the same person normally 'differ slightly because of 'natural variation.' The only reasonable assumption that can be made regarding the similarities in the form of the signatures is that the signatures are tracings based on a common model'."

CONCEPT GROUP MARKETED MANDELA'S ARTWORKThis forensic hand-writing expert's professional opinion, the reporter wrote is supported by "an affidavit by Charl Donavan Saunders, a former employee of the Concept Group that marketed and sold former president's artworks, a senior employee of the company undertook research in 2001 regarding a machine that could imitate signatures."

PURCHASE OF THE SIGNATURE MACHINE WAS IMPERATIVEAdditionally, the reporter quoted former Concept Group employee Charl Donavan Saunders, in his affidavit, stating: "I understood that the machine was of importance for the 'Touch of Mandela' art project and that it would have been used to reproduce signatures. I now understand that the purchase of the signature machine was imperative to ensure the further productions (of Mandela's signed works of art) as there was concern about Mr. Mandela's health."

ROSS CALDER, TOUCH OF MANDELA PUBLISHERFormer director Ross Calder, of the now bankrupt Concept Group, was the publisher of the "Touch of Mandela" project. This is the same Ross Calder who signed the so-called "Certificates of Authenticity" guaranteeing Nelson Mandela signed these so-called lithographs.

This is the same Ross Calder being sued by Nelson Mandela.

In a Mail & Guardian's published May 24, 2005 "Surprise in Mandela art case" article, it stated: "Mandela has filed a lawsuit to stop his ex-lawyer Ismail Ayob and Calder 'pursuing a secret agenda' and selling millions of dollars of fake artwork portraying his prison years. Mandela said Ayob 'has acted in a duplicitous and mala fide manner, leading me to believe that he would comply with my wishes and requests while pursuing a separate and secret agenda'."

7. DEN OF THIEVESWhether Nelson Mandela understood the -fraud- he was involved in or not is an explanation not an excuse but that all changed when his interest, reputation and money were threaten as documented in dozens and dozens of subsequently published articles. Here are excerpts of just two of those articles.

On April 13, 2005, the South African BusinessDay newspaper published the “Madiba artworks sold after approval withdrawn - Bizos” article by Political Correspondent Vukani Mde. In part, the correspondent wrote: “ISMAIL Ayob, Nelson Mandela’s former lawyer, reproduced the former president’s signature and attached it to artworks that he marketed as genuine “Madiba art,” Mandela’s advocate, George Bizos said yesterday.”{17}

On April 17, 2005, the Guardian newspaper published the “Furious Mandela sues ally over art sales” article by Andrew Meldrum in Johannesburg. In part, the reporter wrote: “To raise money for his charities, Mandela endorsed the art scheme devised by Ayob. - It is claimed they were based on rough sketches by Mandela which were ‘enhanced’ into colour lithographs. Artist Varenka Paschke, granddaughter of apartheid-era Prime Minister P.W. Botha, is said to have created the final works from which the prints were produced. Publicity releases said that Paschke ‘tutored’ Mandela. - The lawsuit {by Nelson Mandela against his lawyer Ismail Ayob} will claim that the prints were mass-produced and Mandela’s signature was mechanically reproduced.”{18}

In other words, Nelson Mandela, Ross Calder, Ismal Ayob and all participating galleries, with or without intent, ripped off thousands of patrons for thousands of dollars each in this so-called “Touch of Mandela.” Then Nelson Mandela’s associates got greedy and tried to rip off Nelson Mandela himself and got caught. Now, they have turned on each other.

Hence, a -Den of Thieves-.7. CONCLUSIONWhat needs to be accomplished is the full and honest disclosure of all reproductions as -reproductions- by Nelson Mandela, publisher Ross Calder, attorney Ismail Ayob and all participating galleries. With full and honest disclosure for all reproductions as: -reproductions-, it would allow consumers to give informed consent on whether they wish to attend an exhibit of these reproductions, much less purchase one.

The reputations and legacy of living and past artists and the art-buying public deserve the re-establishment of the obvious; that the living presence and participation of the artist to once again be required, as it always should have been, to create the piece of art attributable to the artist if indeed it is attributed to them, much less purported to have been signed by them.

NOTE: Read this Emmy award winning "Local Gallery Accused of Selling Phony Mandela Art" story by San Diego News 10 KGTV television station posted online (I was the source for this story) by cutting & pasting this link:http://www.10news.com/news/14054376/detail.html

21 Comments:

There is no mention of THE STRUGGLE SERIES (LARGE) X 250 ONLY apparently - without the artists scribble on. I am interested in these. Also need comments from south african lawyers who may have worked on these cases for clients.

The Struggle Series, attributed to Nelson Mandela, are non-disclosed chromist-made -FAKES-. A chromist is someone who copies the artist's work.

Unfortunately, The Struggle Series was not even Nelson Mandela's concept, much less did he draw the original drawings.

This perspective is confirmed in a Business Day published March 5, 2004 "Madiba's controverisal Robben Island prints worth a packet article by Trevor Bisseker. In part, the reporter wrote: "Prints of the Struggle series were made by Mark Attwood of The Artists Press, based in White River. 'I was commissioned by Ismail Ayob, Mandela's lawyer, and made 750 prints by letterpress of the charcoal scketches, which showed six different images of the hands," says Attwood.'"

This is further explained in a November 19, 2003 email from Andries Loots. In part, he wrote: "The Struggle Series were done by the Artist Press and the man is Mark Attwood. - It is all very technical to me but he explained as follows: Original charcoal drawing from Mr. Mandela is laser drum scanned and the output scan is put on an images setter to produce a negative. The negative is contact exposed and photo polymer and transfered onto a letter press plate. This results in a raised up block from which a relief print or letterpress print is printed."

So, did Nelson Mandela actually create the drawings that were reproduced and misrepresented as original works of visual ie. lithographs?

Not according to the South Africa "the truth" published July 14, 2006 "fraud" article by Sue Williamson. In part, the reporter writes: " The first {Struggle} series, the hand series, was drawn by graphic designer Tish Roux based on concept sketches by Hugh McCallum in 2000. In July 2001, Nelson Mandela traced over the pictures and hand-wrote a statement to accompany them: 'I draw hands because they are powerful instruments, hands can hurt or heal, punish or uplift."

In otherwords, with or without intent, Nelson Mandela participated in this FRAUD.

Finally, there are too many comments by "Mandela lawyers" to list here. I recommend you -Google- the term "Mandela lawyers" where you should find at least 48 prior published articles with comments that may answer you questions.

In closing, I hope the above may assist you in finding the answers to your questions.

I bought a set of the prints when they first were released in the UK.I have no doubt they are the real deal.As far as your figures are concerned - they are based on the current prices - not the prices they were sold at - I bought the 'hand of africa' for £2350.00 not £12,500.It was a sound idea and not a single print (call them what you want) has been shown to be fake.

When the "Hand of Africa" reproductions of an image created from paint transferred from the hand of Nelson Mandela is promoted as original works of art ie., lithographs then it becomes "something that is not what it purports to be" which is one legal definition of -fake-.

You'd make a good lawyer Gary! :) I think the term lithograph/reproduction/poster is irrelevant. Call them what you want. They are nonetheless a piece of art and history in limited edition with his original signature on them. They all have a reproduced signature but they also have a pencilled signature and no fakes in the pencilled signatures have yet been found. So Mandela has personally signed these copies and therein lies the intrinsic value. Same as a signed Beatles LP can fetch thousands of dollars! There are many Beatles LP's out there but the value is in the endorsement/signature.

Mandela's got his back up about the new series where 20 other artists coloured over his sketches as he did not endorse it. He has not signed these copies and does not want them released. The galleries in SA also combined some of the colour paintings in smaller sizes and combined them onto a single sheet and Mandela did not agree to this! That is also why he is suing the galleries. These prints would be worthless posters as you say as they do not have Mandelas original signature. Releasing new prints into circulation would also create excess supply and deflate the value of the prints in circulation so that is also why Mandela got angry.

Lithographs are original works of visual art “wholly executed by hand by the artist” and “excludes any mechanical and photomechanical processes.” As an artist who creates original works of visual art” ie., lithographs: I speak from experience and as a scholar: I document that fact.

So, for you to commingle original works of art created by an artist and reproductions of art reproduced by someone other than the artist as if they were the same much less interchangeable, exposes a severe lack of connoisseurship.

In Paul Duro & Michael Greenhalgh’s published Essential Art History, “connoisseurship” is defined as: “that of the art expert able to distinguish between the authentic and non-authentic, for example between an original and a copy.”

Nelson Mandela was, at best, manipulated into participating in the misrepresentation of chromist-made images conceptionally created and/or drawn by others, reproduced and deceptively promoted as original works of visual art ie., lithographs.

Respectfully, Nelson Mandela, with or without intent, participated in this fraud. Until Nelson Mandela understands and acknowledges that fact, he will continue to bear a majority of the responsibility for it.

The allegation that the lithographs are fake is simply not true and not one fake with duplicate production numbers has been identified to date, he did produce and sign them and personally made a great deal of money from their sale via trust and charity acounts.

To spite his lawyer who he says cheated him out of money he simply created this dispute and has made the Lithographs he produced and signed worthless now he has made his money and unsaleable, There should be a full investigation and Mandela should be held to account for his actions in court.

Don't be fooled wake up and see whats really going on here the truth will come to light at some point in the future.Mr Mandela I'm afriad has acted in bad faith

This debate about the validity of the prints and their value has gone on for so long. What I want to know is have I got something (Hand of Mandela) that is worth a yearly insurance premium of 10p or £12.5k. Will this pay for my daughter's education in 20 years or can I let her colour in the map of Africa?!

Hi, I have a wonderful account of the whole Mandela Art project - i wonder if its worth publishing it .... let me know if there is anyone who wants the truth, the whole truth and nothing but the truth behind the art project - I can assure you this fiasco about the art. and its really not over some trivial point made by gary where he thinks he has unearthed the holy grail by determining that the whole thing is a fraud just because the prints were sold as lithographs as opposed to being labeled posters! so stereotypical isn't it ... when we are jealous about something we attempt to defame it - a very shallow human trait.

Gary goes on to say that Mandela didn't create the work!! I will post some photos of him doing them! And for his own edification ... the very masters whom he lauds in his cosy little art world don't do their own work. but hey ... who the hell are we to judge!

I have the struggle series, and have been assured by Art Assessors that it is genuinne. There are also video's taken, (they are on the net), showing Nelson Mandela signing the work at his home. At the end of the day, its down to the individual whether they wish to believe, invest, buy or sell. I think personally that while all views are giving in good faith, they are just that, an individual view based on information gleaned, what if the information given was wrong? For my own part, I will be selling mine shortly, but personally believe it to be genuinne, and have verification for my belief.

I paid £10k for the lighthouse with all papers from a touch of Mandela in good faith. Is it now worthless ? If so does anyone know what right of recourse there is,I also have photos of him signing it. Cant believe I was ripped off and now want some restitution. Mandela seems to have made his money and has now destroyed the Market. Seems very selfish and he's the one who should be made to account for his actions.Not such a saint after all when it comes to money.

If anyone is interested I was employed by Ross Calder at Concept and can give you the true story about the original drawings of The Struggle. I know nothing about the colour drawings but certainly i was personally involved in the charcoal drawings

Gary, not sure if you are still on this thread, but was this limited to the Struggle Series or also the Robben Island Series I (the Window, for example, where there are supposedly 500 and there is that video showing Mandela signing a whole mess of them)

Therefore, all so-called "lithographs" attributed to Nelson Mandela whether signed or not, are non-disclosed forgeries.

Under California Civil Code statutes 1738 to 1745, if you sell a reproduction for hundred dollars or more, you are required to disclosed it as a reproduction. Failure to do so may include but not limited to: refund, interest, treble damages and $1,000 fine per occurrence.